Singapore legislation
Section 53
Section 53
Proceedings for recovery of money due under this Act
(1)
For the recovery of any money due under this Act, the Authority has and may exercise the following powers:
the Authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the movable property and crops by public auction or in such manner as may be prescribed; and
the Authority may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, at the expiration of 3 months from the date of the notice of sale, any land belonging to the person from whom any sum is due and, if at the expiration of that period, that sum has not been paid or satisfied, the Authority may sell, by public auction or otherwise, the whole of that land or such portion thereof or such interest therein as it considers sufficient for the recovery of that sum and costs.
(2)
The Authority shall not proceed under subsection (1)(b) and sell the land of a person from whom a sum is due, or a portion thereof or interest therein, where there is upon the land and liable to be seized and sold under subsection (1)(a) movable property or crops, belonging to the person from whom a sum is due, of a value estimated by the Authority to be sufficient to realise the sum required to satisfy the money due and costs.
(3)
A tenant, sub-tenant or occupier who, in order to avoid the seizure or sale of the land for non-payment of any sum due from the owner of the land, pays such sums and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the land or such part thereof as is held or occupied by him, and may retain possession thereof until that amount has been fully reimbursed to him whether by deduction from the rent or otherwise. A tenant or sub-tenant who has reimbursed, whether by allowing a deduction from his rent or otherwise, any sub-tenant or occupier holding or occupying under him the amount so paid by that sub-tenant or occupier shall have a similar right to deduct the amount from the rent due or to become due to his immediate landlord and to retain possession until similarly reimbursed.
(4)
The receipt of the Authority or its duly authorised officer for any amount so paid by any such tenant, sub-tenant or occupier shall be deemed to be an acquittance in full for the like amount of the rent.
(5)
If land belonging to a person from whom any sum is due, or any movable property or crops that are mentioned in subsection (1) or the proceeds of sale thereof, are already in the custody of the law under any process of execution whereby the Authority is unable to exercise the powers vested in him by this section the Authority may notify the Sheriff or the bailiff of the court concerned of the amount due, and is entitled without obtaining judgment to be paid that amount out of the proceeds of sale of the land, movable property or crops in priority to every judgment debtor and creditor and to every other creditor, except the Government. A certificate from the Authority shall be conclusive evidence of the amount of the sum that may be due.[52